Immigration

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A Honduran family walks back to Piedras Negras, Coahuila state, Mexico at the international bridge, after being rejected by US authorities in their attempt to enter Eagle Pass, Texas on February 6, 2019. The path ahead of the family is completely obscured by a thick grey haze.

Salvaging US Refugee Law in 2021: The Case for Tackling the Problem of Discretionary Asylum

Our statutes improperly give U.S. government officials broad discretion to deny asylum even to those who are determined by the government to face persecution in their home countries.
An asylum seeker staying at the Juventud 2000 migrant shelter in Tijuana, Baja California State, Mexico, sprays disinfectant on tents on April 3, 2020 as stronger cleaning measures are being implemented to fight the novel coronavirus, COVID-19, pandemic.

Father-Son Separation at US Border Illustrates Lasting Harm That Demands Redress

The abuses they faced under the Trump administration's immigration policy echo those revealed in a new Human Rights Watch investigation.
A woman holds up a placard reading, “We can be better than this.” during a pro-refugee rights protest in Melbourne on June 13, 2020 as several asylum seekers who were evacuated for medical reasons from offshore detention centres on Nauru and Manus Island, look down from the hotel where they have been detained.

Australia “Stopped the Boats” But What Happened to the Refugees Who Reached Its Shores?

Whereas Australia has sought to put asylum seekers out of sight and out of mind by moving them offshore, it has simultaneously created another cohort of refugees who are stuck…
Asylum seekers wait at a fence to cross into the United States at El Chaparral crossing port on the US/Mexico Border in Tijuana, Baja California state, Mexico, on February 29, 2020.

Could a Migrants’ Bill of Rights Provide a Blueprint for Migration Policy in the Americas?

There is a unique opportunity for new U.S. leadership to employ a rights framework both to remedy abuses and lock in collaboration on building a new migration policy architecture…
A Honduran immigration detainee, his feet shackled and laces removed from his shoes by ICE, boards a deportation flight to San Pedro Sula, Honduras on February 28, 2013 in Mesa, Arizona.

Mass Deportations to Cameroon Undermine US Foreign Policy and Violate International Law

Trump’s immigration policy increasingly undermines U.S. foreign policy goals, as seen with the recent deportation of Cameroonian asylum-seekers.
Migrants are taken insidethe El Paso County detention facility by a Customs and Border Protection agent on June 12, 2019 in El Paso.

The Urgent Need to Restore Independence to America’s Politicized Immigration Courts

Incoming President Biden should do all in his power to reestablish fairness, consistency, and efficiency in a system hobbled under the Department of Justice.
Asylum seekers in life rafts on the Aegean Sea

Torture by Rescue: Asylum-Seeker Pushbacks in the Aegean

Since at least March, Greece has been systematically returning asylum seekers who have arrived on its shores – who have the right to adjudication of their asylum claims – to…
Immigration rights activists take part in a rally in front of the US Supreme Court in Washington, DC on November 12, 2019.

The President and Immigration Law Series: Reflections on the Future of American Immigration Policy

Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…
This photo taken on September 12, 2019 shows people walking next to a Uighur cemetery in Shayar in the region of Xinjiang.

The 116th Congress’s Record on International Human Rights: The Good, the Bad, and the Unfinished Business

Action and inaction on Uyghurs, Yemen, the Rohingya, asylum seekers, Venezuela, and more highlight the crises facing the next Congress.
Two Muslim women stand near a fence across the street from the White House before the start of a protest against the Trump administration's proposed travel ban, October 18, 2017 in Washington, DC.

The President and Immigration Law: The Danger and Promise of Presidential Power

In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…
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The President and Immigration Law Series: Presidential Power, Migration Management, and Foreign Affairs

Next in our series on The President and Immigration Law, former CBP commissioner and Assistant Secretary of DHS Alan Bersin argues that borders – traditionally viewed as lines…
U.S. Immigration and Customs Enforcement (ICE) detainees board a Swift Air charter flight at McCormick Air Center on February 18, 2020 in Yakima, Washington.

The President and Immigration Law: Restoring Faith in Our Immigration System Through Enforcement Discretion and Reform

In the next installment of our President and Immigration Law series, Tom Jawetz argues that an unnecessarily narrow concept of “enforcement" frames appropriate administrative…
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